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Home My WebLink About12/06/1988, 5 - APPEAL OF ARCHITECTURAL REVIEW COMMISSION (ARC) DENIAL OF A REQUEST TO KEEP AN EXISTING, NONCONFORMING SIGN AT THE CHEVRON STATION AT CALLE JOAQUIN AND LOS OSOS VALLEY ROAD (SA 3943). city f M =�°� c� o san lues oBispo Njj% COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Michael Multari, Community Development Director; BY: Glen Matteson, Assoc. Planner SUBJECT: Appeal of Architectural Review Commission (ARC) denial of a request to keep an existing, nonconforming sign at the Chevron Station at Calle Joaquin and Los Osos Valley Road (SA 3943). CAO RECOMMENDATION Deny the appeal and affirm the ARC's action approving a smaller exception than requested. SUMMARY The ARC denied a request to have a taller and larger sign than allowed by the city's regulations. The ARC did approve size and height exceptions smaller than the ones requested. The applicant has appealed to the council. The council considered this item November 15. Councilmembers did not indicate support for the proposed exception, but they continued action at the request of a representative of the applicant, who said that the proper corporate personnel had not been notified. SIGNIFICANT IMPACTS/CONSEQUENCES OF NOT TAKING ACTION Approving the requested sign will allow it to remain; it would be larger than other signs in the area, tending to undermine the city's amortization program for signs that don't meet current standards. Denying the request, but approving a smaller exception, would allow a replacement sign similar to others in the area; it would affirm the city's amortization program. DISCUSSION Situation The service station's existing pole sign does not conform with the city's Sign Regulations. According to the regulations, the sign's eight-year amortization period ended in 1987, so it must be removed or made to conform. Also as provided in the regulations, the applicant asked the ARC to approve an exception so the sign could remain. The ARC has denied the requested exception, but approved a smaller exception. The applicant has appealed to the council. Data Summary Applicant: Chevron Automotive Representative: Michael Murphy Owner: Chevron U.S.A. Zoning: C-T Land Use Element map: Tourist commercial Environmental status: Categorically exempt as a small structure Evaluation In the Calle Joaquin area, freestanding signs are limited to 16 feet height and 72 square-feet area. The existing sign is 40 feet tall, and has an area of 130 square feet. (Service stations in C-T zones outside the Calle Joaquin area may have 25-foot-tall, 72-square-foot signs.) 3 / WE REPORT AE i PROVIDED ON NOV. 15, 1988 CC EL MEETTNr II��NII�IIIIIIIIII�IIIIIIIMEETING DATE: piuiu�► u city (-of san tuts oBispo 11-15-88 COUNCIIliL AGENDA REPORT ITEM Nap FROM Michael Multari, Community Development Director; BY: Glen Matteson, Assoc. Planner SUBJECT: Appeal of Architectural Review Commission (ARC) denial of a request to keep an existing, nonconforming sign at the Chevron Station at Calle Joaquin and Los Osos Valley Road (SA 3943). CAO RECOMMENDATION Deny the appeal and affirm the ARC's action approving a smaller exception than requested. SUMMARY The ARC denied a request to have a taller and larger sign than allowed by the city's regulations. The ARC did approve size and height exceptions smaller than the ones requested. The applicant has appealed to the council. SIGNIFICANT IMPACTS/CONSEQUENCES OF NOT TAKING ACTION Approving the requested sign will allow it to remain; it would be larger than other signs in the area, tending to undermine the city's amortization program for signs that don't meet current standards. Denying the request, but approving a smaller exception, would allow a replacement sign similar to others in the area; it would affirm the city's amortization program. DISCUSSION Situation The service station's existing pole sign does not conform with the city's Sign Regulations. According to the regulations, the sign's eight-year amortization period ended in 1987, so it must be removed or made to conform. Also as provided in the regulations, the applicant asked the ARC to approve an exception so the sign could remain. The ARC has denied the requested exception, but approved a smaller exception. The applicant has appealed to the council. Data Summary Applicant: Chevron Automotive Representative: Michael Murphy Owner. Chevron U.S.A. Zoning: C-T Land Use Element map: Tourist commercial Environmental status: Categorically exempt as a small structure Evaluation In the Calle Joaquin area, freestanding signs are limited to 16 feet height and 72 square-feet area. The existing sign is 40 feet tall, and has an area of 130 square feet. (Service stations in C-T zones outside the Calle Joaquin area may have 25-foot-tall, 72-square-foot signs.) 11��11 ►�illllll�l�`��III MY Of San tuts OBI SPO WaGs COUNCIL AGENDA REPORT SA 3943 Page 2 The ARC can approve exceptions to the Sign Regulations when it finds that the exception is warranted by "unusual site conditions or other design factors." The service station is about 400 feet from the center of the highway. Travelling north on the highway, approaching the Los Osos Valley Road off-ramp, one can just see the sign panel over the tops of the trees at Howard Johnson's restaurant. For a moment, some of the sign pole is visible. For southbound travellers, from about the Border Patrol office to the off-ramp, the sign is visible as a small object among other signs. As one approaches the off-ramp, views are obscured by plants and the Los Osos Valley Road overcrossing. If a driver on the highway already knows there is a Chevron station in that vicinity, the sign would help confirm its location. However, even the existing over-height, over-area sign is not likely to help a driver find the station unless the driver knows it is on Los Osos Valley Road, which is clearly marked. Once a driver is on Los Osos Valley Road west of Highway 101, the existing sign is much larger than necessary to identify the station. The ARC has approved an exception for a freestanding sign in this vicinity: a 20-foot tall, 80-square-foot sign for the Allstar Inn. The nearby Texaco station has a large freestanding signs which is to be removed or made to conform. The Arco station has replaced its large freestanding sign with a conforming sign. ALTERNATIVES i I i The council may: Uphold the appeal and approve the exception as requested; Deny the appeal, but approve a sign larger or taller than otherwise allowed; Deny the appeal, requiring any new sign to meet the current limits; Continue action. OTHER DEPARTMENT COMMENTS This item was not routed to other departments for comment. CITIZEN PARTICIPATION On October 3, the ARC voted four to two (one vacancy) to deny the requested exception and to approve an exception allowing a 20-foot-tall, 80-square-foot sign. (The commissioners voting against the motion thought no exception should be approved.) The ARC found that the requested exception would be a special privilege, inconsistent with the limits on nearby properties with the same zoning. The ARC found that the smaller exception was warranted by the station's setback from Los Osos Valley Road, which is larger than setbacks for nearby service stations. The applicant spoke in favor of his request; no other public testimony was received. City of san tub osispo MiN COUNCIL AGENDA DEPORT SA 3943 . Page 3 RECOMNMNDATION Adopt the attached resolution to deny the appeal and affirm the decision of the Architectural Review Commission. Attached: Vicinity map Draft resolution to deny appeal Draft resolution to uphold appeal Applicant's statement ARC minutes, October 3, 1988 Sign photo gm 1/3943cc I - - VICINITY MAP SA3943 J UO q0.3 � L 3 10 `?x.`¢::43::::. � �\ ^'={ice. -� .''^'.�`'�;;�• \ � O •` 1f0/Ar/sYfO F.� / , I RESOLUTION NO. (1988 Series) • A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE ARCHITECTURAL REVIEW COMMISSION (SA 3943, 1525 CALLS JOAQUIN) WHEREAS, the Architectural Review Commission on October 3, 1988, considered the application by Chevron Automotive for an exception to the city's Sign Regulations, to allow an existing pole sign at 1525 Calle Joaquin, and denied the request upon determining that the exception would be a grant of special privilege, inconsistent with limits on nearby properties with the same zoning; and WHEREAS, the Architectural Review Commission approved an exception allowing a lower, smaller sign, upon finding that the lesser exception was warranted by the setback from Los Osos Valley Road, which is larger than setbacks for nearby service stations; and WHEREAS, the applicant appealed that decision to the City Council, the Council has considered the testimony and statements of the applicant, records of the Architectural Review Commission's actions, and the evaluation and recommendation of staff; and WHEREAS, the Council determines that the action of the Architectural Review Commission was appropriate; NOW, THEREFORE, the council resolves to deny the appeal and affirm the action of the Architectural Review Commission. On motion of ............. ............... . seconded by ............................. and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this ...... day of .............. 1988. ................. ......................... Mayor ATTEST: ....................................... City Clerk _ 3943res Resolution No. (1988 Series) Page 2 APPROVED: rA2orneq ............ Officer ........... Community Development Director RESOLUTION NO. (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FROM THE ARCHITECTURAL REVIEW COMMISSION (SA 3943, 1525 CALLS JOAQUIN) WHEREAS, the Architectural Review Commission on October 3, 1988, considered the application by Chevron Automotive for an exception to the city's Sign Regulations, to allow an existing pole sign at 1525 Calle Joaquin, and denied the request upon determining that the exception would be a grant of special privilege, inconsistent with limits on nearby properties with the same zoning; and WHEREAS, the Architectural Review Commission approved an exception allowing a lower, smaller sign, upon finding that the lesser exception was warranted by the setback from Los Osos Valley Road, which is larger than setbacks for nearby service stations; and WHEREAS, the applicant appealed that decision to the City Council, the Council has considered the testimony and statements of the applicant, records of the Architectural Review Commission's actions, and the evaluation and recommendation of staff; and WHEREAS, the Council determines that the action of the Architectural Review Commission was not appropriate, and that the requested exception is warranted by the location of the sign and the service station with respect to Highway 101; NOW, THEREFORE, the council resolves to uphold the appeal and approve the requested exception. On motion of .................. .......... . seconded by .. .........................., and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this .....• day of ..•. ......, 1988. ................................ .......... Mayor ATTEST: .........Cl...erk........................... City � rj1 Resolution No. (1988 Series) Page 2 APPROVED: ... City Ad inistrative Officer /�J�,�ity Att ey ......... .......... ..... .......... ..... Community Development Director 1 ,c„'dG•',:I•I�lil,•I.Ifi�l��i 11 r;' ;I;II'i .:j�lll7p' elf•I�'I;'I'i► illll'i�lllli:p'„ if01i of san luis ® i ca�� 0 ty -- _ '_ '= __-'-�0 990 Palm Street/Post Office Box 8100 • San Luis Obispo. CA 93403.8100 APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Title 1 , Chapter 1 .20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of F1 KI:, rendered on .', 1� �=. which decision consisted of the following (i .e. set forth factual situation and the grounds for submitting this appeal . Use additional sheets as needed) : 1 � 1 The undersigned discussed the decision being appealed from with: on Appellant: Date Appeal Received: Name/Title is,'rti _' Its ,. '".e •. RECEIVED Representative OCT,1 3 1988 J - CRV CLERK Address SAN LUISOB SPO.CA I� ; .� ;r•• Phone Original for City Clerk Copy to City Attorney Cadendared for: Copy to City Administrative Officer Copy to the following department(s) : ` City Clerk ly ZOW September 6,1988 CITY OF SAN LUIS OBISPO P.O. BOX 8100 SAN LUIS OBISPO, CA. 93403-8100 SUBJECT: FREE STANDING SIGH I feel that the freeway sign at the Chevron Automotive at 1525 Calle Joaquin not only is adverstistment for Chevron. It is also a beacon for the motoring public during the late night hours and on Holidays. It also means a place where you can get a tire fixed, or a tow truck, ( we also have a tow truck ). Go to the restroom or get directions and any other information you may need during a trip at any time of day or night. By removing the sign it would make it vertually impossible for a freeway travler at night to know the Chevron station was even there. Chevron Automotive has been open 24 hours 7 days aweek for the past 8 years. Suppling what we see as a neccessary service to the motoring public. AS a navigation beacon, a light of comfort and assurance to the motoring public that someone is there in case fo an emergency. I wish to thank you for listening to my explanation and I apologize for the delay in my responding to your letter. Sincerely, MICHAEL P. MURPHY (own Draft ARC Minutes October 3, 1988 C. SA-3943: 1525 Calle Joaquin; request for exceptions to the Sign Regulations to allow a bigger and higher freestanding sign for Chevron Automotive Service Station; C-T zone. Gary Price, Associate Planner, presented the staff report recommending denial of the requested exception but allow a sign that is taller and larger than what is currently allowed for the Calle Joaquin area. Michael Murphy, applicant, responded to the staff report, and disagreed with staff's recommendation. He noted that the existing setback created a visibility problem which would justify the taller sign. He also noted that Chevron has an image of serving the public unlike other gasoline companies. He indicated that a letter would be forthcoming from Chevron's legal department regarding legality of sign amortization and requested a continuance until the letter was received. He requested the height exception only and was not concerned about the area of the sign. Commr. Morris supported a minor exception for a 20 foot maximum sign height with no more than 80 square feet in area. Commr. Gates felt the request did not warrant an exception but could support a small height and area increase over the allowed limit. Commr. Jones favored lower signs and could support a 30-foot sign with reduced sign area. Commr. Bradford was concerned for equitability and noted that the nearby Arco Station had complied voluntarily with sign regulations. Commr. Starr supported a small exception. Commr. Cooper agreed with Commr. Bradford and felt the applicant needed to comply with the ordinance, citing the Arco Station as an example. Commr. Starr moved to deny the sign proposal for Chevron Automotive based on the following finding: 1. That the sign's size and height are in excess of that allowed in the Calle Joaquin area and that approving such a sign exception would constitute the granting of a special privilege, an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning. and granted an exception to allow a freestanding sign not to exceed 20 feet tall and 80 square feet in area, with the finding that the minor exception is warranted by the setback from Los Osos Valley Road, which is larger than setbacks for other service stations in the vicinity. Commr..Morris seconded the motion. AYES: Starr,.Morris, Gates, Jones NOES: Bradford, Cooper ABSENT: None (one vacancy) The motion passes. .lam__^ ._ :.��.. �•y��-:,�_� - - - - i